It is the purpose of this article to promote recycling, composting,
and resource recovery through the administration of a mandatory recycling
program, as provided in § 287.11, Wis. Stats., and Ch. NR 544, Wis.
Adm. Code, by the Town of Trenton in order to protect and promote the public
health, safety and welfare.
This article is authorized under § 287.09, Wis. Stats., and
by the Town of Trenton.
It is not intended by this article to repeal, abrogate, annul, impair
or interfere with any existing rules, regulations, ordinances or permits previously
adopted or issued pursuant to law. However, whenever this article imposes
greater restrictions, the provisions of this article shall apply.
In their interpretation and application, the provisions of this article
shall be held to be the minimum requirements and shall not be deemed a limitation
or repeal of any other power granted by the Wisconsin Statutes. Where any
terms or requirements of this article may be inconsistent or conflicting,
the more restrictive requirements or interpretation shall apply. Where a provision
of this article is required by Wisconsin Statutes, or by a standard in Ch.
NR 544, Wis. Adm. Code, and where the provision of this article is unclear,
the provision shall be interpreted in light of the Wisconsin Statutes and
the Ch. NR 544 standards in effect on the date of the adoption of this article,
or in effect on the date of the most recent text amendment to this article.
The requirements of this article apply to all persons within the Town
of Trenton, Washington County, Wisconsin.
The provisions of this article shall be administered by the Town Board
of the Town of Trenton.
The provisions of this article shall take effect on January 1, 1995.
For the purpose of this article the following words and phrases shall
have the meaning ascribed to them in this section:
A container for carbonated or malt beverages that is made primarily
of a combination of steel and aluminum.
Clean woody vegetative material no greater than six inches in diameter.
This term does not include stumps, roots or shrubs with intact root balls.
Corrugated paperboard used in the manufacture of shipping containers
and related products.
High-density polyethylene plastic containers marked by the SPI Code
No. 2.
Scrap metal other than appliances.
Low-density polyethylene plastic containers marked by the SPI Code
No. 4.
Magazines and other materials printed on similar paper.
A residential or commercial air conditioner, clothes dryer, clothes
washer, dishwasher, freezer, oven, microwave oven (only if the capacitor has
been removed), refrigerator, stove, furnace, boiler, dehumidifier, or water
heater.
Plastic containers marked by the SPI Code No. 7.
A property containing five or more residential units, including those
which are occupied seasonally.
Include newspapers and other materials printed on newsprint.
Commercial, retail, industrial, institutional and governmental facilities
and properties. This term does not include multiple-family dwellings.
High-grade printing and writing papers from offices in nonresidential
facilities and properties. Printed white ledger and computer printout are
examples of office paper generally accepted as high grade. This term does
include industrial process waste.
Includes any individual, corporation, partnership, association, local
governmental unit, as defined in § 66.0131(1)(a), Wis. Stats., state
agency or authority, or federal agency.
Polyethylene terephthalate plastic containers marked by the SPI Code
No. 1.
Solid waste other than solid waste generated in the production of
goods, hazardous waste, as defined in § 291.01(7), Wis. Stats.,
waste from construction and demolition of structures, scrap automobiles, heavy
frames, or high-volume industrial waste, as defined in § 289.01(17),
Wis. Stats.
Polypropylene plastic containers marked by the SPI Code No. 5.
Polystyrene plastic containers marked by the SPI Code No. 6.
Polyvinyl chloride plastic containers marked by the SPI Code No.
3.
Includes lead acid batteries; major appliances; waste oil; yard waste;
aluminum containers; corrugated paper or other container board; foam polystyrene
packaging; glass containers; magazines; newspapers; office paper; plastic
containers, including those made of PETE, HDPE, PVC, LDPE, PP, PS, and mixed
or other plastic resin types; steel containers; waste tires; and bimetal containers.
The meaning specified in § 281.01(15), Wis. Stats.
The meaning specified in § 289.01(35), Wis. Stats.
Any method, technique or process which is designed to change the
physical, chemical or biological character or composition of solid waste.
"Treatment" includes incineration.
A tire that is no longer suitable for its original purpose because
of wear, damage or defect.
Leaves, grass clippings, yard and garden debris.
A.
Separation required. Occupants of single-family and two-
to four-unit residences, multiple-family dwellings and nonresidential facilities
and properties shall separate the following materials from post-consumer waste:
(1)
Lead acid batteries.
(2)
Major appliances.
(3)
Waste oil.
(4)
Yard waste.
(5)
Aluminum containers.
(6)
Bimetal containers.
(7)
Corrugated paper or other container board.
(8)
Foam polystyrene packaging.
(9)
Glass containers.
(10)
Magazines or other materials printed on similar paper.
(11)
Newspapers or other materials printed on newsprint.
(12)
Office paper.
(13)
Plastic containers made of PETE, HDPE, PVC, LDPE, PP,
PS, and mixed or other plastic resin types.
(14)
Steel containers.
B.
Changes in requirements. The Town of Trenton reserves
the right to designate additional solid waste materials as recyclable, or
currently collected materials as no longer recyclable, in accordance with
state law and to either add or delete them from any collection services provided
by the Town or its contractors. The Town of Trenton shall provide written
notice to service recipients of this declaration.
The separation requirements of § 338-29 do not apply to the following:
A.
Occupants of single family and two- to four-unit residences, multiple-family dwellings and nonresidential facilities and properties that send their post-consumer waste to a processing facility licensed by the Wisconsin Department of Natural Resources that recovers the materials specified in § 338-29 from solid waste in as pure a form as is technically feasible.
B.
Solid waste which is burned as a supplemental fuel at
a facility if less than 30% of the heat input to the facility is derived from
the solid waste burned as supplemental fuel.
To the greatest extent practicable, the recyclable materials separated in accordance with § 338-29 shall be clean and kept free of contaminants, such as food or product residue, oil or grease, or other nonrecyclable materials, including but not limited to household hazardous waste, medical waste, and agricultural chemical containers. Recyclable materials shall be stored in a manner which protects them from wind, rain and other inclement weather conditions.
Occupants of single-family and two- to four-unit residences, multiple-family
dwellings and nonresidential facilities and properties shall manage lead acid
batteries, waste oil, large metal goods and brush as follows:
A.
Lead acid batteries shall be delivered by Town residents
to the Town Hall, 1071 Highway 33E, West Bend, Wisconsin, on the second Saturday
of the month.
B.
Waste oil shall be delivered by Town residents to the
Town Hall, 1071 Highway 33E, West Bend, Wisconsin, on the second Saturday
of the month.
C.
Large metal goods shall be delivered by Town residents
to the Town Hall, 1071 Highway 33E, West Bend, Wisconsin, on the second Saturday
of the month.
D.
Brush shall be delivered by Town residents to the Town
Hall, 1071 Highway 33E, West Bend, Wisconsin, on the second Saturday of the
month.
Except as otherwise directed by the Town of Trenton, occupants of single-family and two- to four-unit residences shall do the following for the preparation and collection of the separated materials specified in § 338-29A(5) through (14):
A.
Aluminum containers, corrugated paper or other container
board, foam polystyrene packaging, glass containers, magazines or other materials
printed on similar paper, newspapers or other materials printed on newsprint,
office paper, plastic containers made of PETE, HDPE, PVC, LDPE, PP, PS, and
mixed or other plastic resin types shall be separated from post consumer wastes
and placed in recycling bins provided by the Town of Trenton at the curb of
the occupant's residence or, in the case of two- to four-unit residences,
shall be separated and disposed of pursuant to the established recycling program.
A.
Owners or designated agents of nonresidential facilities and properties shall do all of the following to recycle the materials specified in § 338-29A(5) to (14):
(1)
Provide clear recycling bags for the recyclable materials.
(2)
Notify in writing, at least annually, all users, tenants
and occupants of the properties about the established recycling program.
(3)
Notify users, tenants and occupants of reasons to reduce
and recycle, which materials are collected, how to prepare materials in order
to meet the processing requirements, collection methods or sites, locations
and hours of operation, and a contact person or company, including a name,
address and telephone number.
B.
The requirements specified in Subsection A do not apply to the owners or designated agents of nonresidential facilities and properties if the post-consumer waste generated within the facility or property is treated at a processing facility licensed by the Department of Natural Resources that recovers for recycling the materials specified in § 338-29A(5) to (14) from solid waste in as pure a form as is technically feasible.
A.
Owners or designated agents of rental units shall do all of the following for recycling the materials specified in § 338-29A(5) to (14):
(1)
Provide adequate, separate containers for the recyclable
materials.
(2)
Notify tenants in writing at the time of renting or leasing
the dwelling about the established recycling program.
(3)
Notify tenants of reasons to reduce and recycle solid
waste, which materials are collected, how to prepare the materials in order
to meet the processing requirements, collection methods or sites, locations
and hours of operation, and a contact person or company, including a name,
address and telephone number.
B.
The requirements specified in Subsection A do not apply to the owners or designated agents of multiple-family dwellings if the post-consumer waste generated within the dwelling is treated at a processing facility licensed by the Department of Natural Resources that recovers for recycling the materials specified in Subsection A from solid waste in as pure a form as is technically feasible.
No person may dispose of in a solid waste disposal facility or burn in a solid waste treatment facility any of the materials specified in § 338-29A(5) to (14) which have been separated for recycling, except waste tires may be burned with energy recovery in a solid waste treatment facility.
It shall be a violation of this article for any person to:
A.
Place any garbage or other waste materials along roadsides
or along any other public lands within the Town of Trenton unless done pursuant
to the provisions of this article.
B.
Place any garbage or other waste materials at the Town
of Trenton Town Hall unless done pursuant to the provisions of this article.
C.
Fail to obey any directives or requests of the Town of
Trenton Town Hall attendant(s) regarding the placement or manner of depositing
any materials upon or at the Town of Trenton Town Hall.
D.
Bring into the Town of Trenton from any location from
outside the Town of Trenton any recyclable or nonrecyclable materials or hazardous
wastes for the purposes of depositing or placement of these materials or wastes
at the Town of Trenton Town Hall.
E.
Deliver to the Town of Trenton Town Hall with intent
to deposit at the Town Hall any burning barrel ashes.
A.
Any authorized officer, employee or representative of
the Town of Trenton may inspect recyclable materials separated for recycling,
post-consumer waste intended for disposal, collection sites and facilities,
collection vehicles, collection areas of multiple-family dwellings and nonresidential
facilities and properties, solid waste disposal facilities and solid waste
treatment facilities, and any records relating to recycling activities, for
the purpose of ascertaining compliance with the provisions of this article.
No person may refuse access to any authorized officer, employee or authorized
representative of the Town of Trenton who requests access for purposes of
inspection and who presents appropriate credentials. No person may obstruct,
hamper, or interfere with such an inspection.
B.
Any person who violates a provision of this article may
be issued a citation by the Town of Trenton to collect forfeitures. The issuance
of a citation shall not preclude proceeding under any other ordinance or law
relating to the same or any other matter. Proceeding under any other ordinance
or law relating to the same or any other matter shall not preclude the issuance
of a citation under this subsection.
